NLIS 2
(Environment and Labour)
August 7, 2000

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New Environmental Assessment Act and Regulations proclaimed

The Minister of Environment and Labour, Oliver Langdon, announced today that government has proclaimed the Environmental Assessment Act, 2000 which was passed in the House of Assembly during the past spring session and has also approved the new regulations to accompany the act.

The new act and regulations do not fundamentally alter the environmental assessment process but make some needed improvements.  The reforms will enhance environmentally sound decision‑making, foster a more open and accessible process for public input, support a more disciplined and focussed environmental assessment process, and improve enforcement.

�With 20 years of experience in environmental assessment behind us, the time had come to apply the lessons learned and make some positive changes to the process,� said the minister.  �The new act and regulations appropriately balance the views and needs of the public, environmental groups, the business community and government departments.�

Extensive consultations were held on the reforms.  The Department of Environment and Labour circulated a White Paper on Environmental Assessment Reforms for public comment and submissions were received from 39 organizations and individuals.  Also meetings were held with many respondents and stakeholder groups. 

The conclusions reached as a result of this review were that the environmental assessment process is essential to protect the environment, ensures environmentally acceptable development and provides valuable public input.  The process is fundamentally sound but required improvements to make it still more effective and efficient.

Stiff new fines for contravening the act are an indication that government is serious about environmental protection and properly assessing and minimizing the effects of development.  Maximum fines rise from $10,000 to $1,000,000 for corporations and $50,000 for individuals, with minimum fines of $5,000 and $1,000 for each group.

�The Environmental Assessment Act has been in place since 1980 and during that time I am proud to say it has achieved its purpose of ensuring that development projects in the province proceed in an environmentally sound manner with full public knowledge.  Our environmental assessment process in Newfoundland and Labrador is second to none in the country and I want to keep it that way,� said Minister Langdon.

edia contact: Sean Kelly, Communications, (709) 729-2575

ENVIRONMENTAL ASSESSMENT REFORMS
HIGHLIGHTS

TO ENHANCE ENVIRONMENTALLY SOUND DECISION-MAKING
1. Government is now able to reject a project at the outset if it is contrary to law, policy or  deemed not in the public interest.  This will ensure that the public, proponents and government do not waste time reviewing projects that have no chance of being approved for implementation.

2. Authority is given to the minister to attach conditions to project release at any stage, including requiring a bond for site remediation. Cabinet could always attach conditions at the end of the full environmental assessment and Environmental Impact Statement. Now this authority will also rest with the minister when releasing the project after the initial 45 day registration period or after an Environmental Preview Report has been completed.

3. Decision criteria for the initial registration stage are now included in the regulations to guide the minister�s decision either to release a project or require further assessment.  This reform will make environmental assessment decisions more transparent and understandable to the public.

TO FOSTER A MORE OPEN AND ACCESSIBLE PROCESS FOR PUBLIC INPUT

4. All public review periods are extended by five days. For example the public review period for registrations is now 35 days and for environmental impact statements is 50 days.

5. There will be mandatory public review periods at all main stages of the process, including substantially revised Environmental Preview Reports and Environmental Impact Statements.  This reform is in keeping with an open public environmental assessment process that values comments from the public.

6. Conditions of environmental assessment releases will be published.

7. The department will maintain a public registry of environmental assessment information.

TO SUPPORT A MORE DISCIPLINED AND FOCUSSED EA PROCESS

8. The environmental assessment process will only be triggered where appropriate:

• Projects that experience has shown to be environmentally benign and where sufficient regulatory processes are in place have been deleted from the regulations.  Activities no longer requiring registration include: small agricultural and tree farms, secondary fish processing facilities, subdividing lands, ATV trails, firearm ranges, peat harvesting, temporary hazardous waste facilities and microwave towers. 

• There is no longer automatic mandatory registration of all proposed small scale projects in special land use areas, except those near salmon rivers.  There is adequate environmental protection through the mechanisms which established the special areas in the first instance, and also the normal environmental assessment safeguards exist.  That is, project activities now captured by the act will continue to be registered and there is general ministerial authority under the act to require any activity to be registered if harmful effects are possible.